Can I sue a therapist for ruining my marriage?
A: Pursuant to Cal. Civil Code
43.5(a), the civil action
of "alienation of affection" is abolished. Therefore, you cannot sue anyone in California for acting in a manner that directly injuries your marriage.
You an sue a therapist for malpractice, if his/her actions were below the standard of care due from a therapist to a client. However, this assumes that you were the therapist's client -- for example as part of marriage counseling sessions wherein you and your spouse's relationship became more estranged as the result of the therapist's negligence.
I realize that this may seem to be the same as alienation of affection, but it's not, because a professional owes a special duty to a client that an ordinary person does not owe others.
Can I also sue my in-laws for purposely coming between me and my husband - specifically my sister-in-law?
A: This is alienation of affection, and no cause of action is permitted.
I am in California and I know that there is no law for alienation for affection but if i can prove, through text messages my sister-in-law sent to my husband and my subpoenaing the therapists notes that, between those 2 people, my husband basically turned on me and refused to work on our marriage?
A: Your lawsuit must be directed at the therapist's negligence. A third party could be "joint tortfeasor," i.e., someone who assisted in the therapist's malpractice -- but, any proof that a non-professional tried to undermine your marriage, which is independent of the therapist's professional duties, will be dismissed by the court for failure to state a claim for which relief may be granted.
He also embezzled almost 200,000 from our bank accounts and gave them to his family. I know I need a forensic accountant to prove this.
A: You seem quite well informed on the law of your circumstances. If you are in a dissolution of marriage, then you can request that all of the community property be awarded to you on grounds that your husband acted against you with oppression, malice and fraud. Family Code 1101(g). And, you can sue the family members for a fraudulent transfer. Civil Code 3439 et. seq.
I know how stupid this sounds, but I firmly believe that my in-laws and a horrible individual therapist caused my husband to give up on our marriage and perceive me as a horrible person. I am not.
A: Doesn't seems stupid at all. Seems pretty much the routine of family law. The problem, as always, in such cases, is providing the court with sufficient proof of the allegations, because frequently the cost of investigation and litigation
overwhelms the value of the recovery.
Hope this helps.
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